Resolution-PC 2000-21• ~
RESOLUTION NO. PC2000-21
A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR COND;ITIONAL USE PERMIT NO. 4181 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real prop'erty situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THE EAST 100.00 FEET OF THE SOUTH 350.00 FEET, OF THE SOUTH HALF, OF
THE SOUTHWEST QUARTER, O~ THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTHERLY 40.OO~FEET THEREOF.
PARCEL 2:
THE NORTH 150.00 FEET OF TH~ WEST 100.00 FEET OF THE EAST 350.00 FEET
OF THE SOUTH 500.00 FEET OF 7HE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SEC'TION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES,, AS PER MAP RECORDED IN BOOK 51, PAGE 11
OF MISCELLANEOUS MAPS, IN 7'HE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 3:
THE WEST 150 FEET OF THE EAST 250 FEET OF THE SOUTH 500 FEET OF THE
SOUTHWEST QUARTER OF SEC'TION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
AS SHOWN ON A MAP RECORD~D IN BOOK 51, PAGE 3 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE GOUNTY, CALIFORNIA.
PARCEL 4:
THE EAST 100 FEET OF THE SOUTH 500 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE~ SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, S. B. B. & M.
EXCEPTING THEREFROM THE 50UTH 350 FEET THEREOF.
PARCEL 5:
THE NORTH 150 FEET OF THE S;OUTH 500 FEET OF THE WEST 150 FEET OF THE
EAST 250 FEET OF THE SOUTHIIVEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S. B. B. & M.
Cr3895PK.DOC -1- PC2000-21
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PARCEL 6:
PARCEL "B", AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED
SEPTEMBER 24, 1968 IN BOOK 17, PAGE 17 OF PARCEL MAPS, CITY OF ANAHEIM,
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 28, 2000 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.21.050.325, 18.44.050.305 and 18.94.020 to construct a 3-story,
132-unit "affordable" senior citizens' apartment complex.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimentaf to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
That two people spoke in favor of the proposal at the public hearing.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 3-story, 132-unit "affordable" senior
citizens' apartment complex on a rectangularly-shaped 3.7-acre property having a frontage of 350 feet on
the north side of Lincoln Avenue and a maximum depth of 460 feet, being located 970 feet east of the
centerline of Knott Street, and further descr~ibed as 3335 - 3351 West Lincoln Avenue (existing Lazy
Living Mobile Home Park and Madrid Motel); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit No. 4181, upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
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1. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative
and shall be directed away from adjacent residential property lines to protect the residential integrity
of the area, and it shall be so-specified ~on the plans submitted for building permits.
2. That final plans shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item specifying the following aspects of this
project:
(a) Detailed colored building elevation drawings showing wall and window enhancements;
(b) Exterior building materials and colors board (including roofing);
(c) Landscaping plan, including provisions for minimum finrenty four (24) inch box sized trees
planted on maximum intervals of ~twenty (20) feet on-center adjacent to the single family homes
and the Lincoln Avenue frontage;
(d) All wall and/or freestanding signage within the apartment complex;
(e) Building light fixtures and parking lot lighting;
(~ Mechanical equipment, both roof=mounted and ground-mounted (no window-mounted
equipment shall be permitted);
(g) Trash enclosure location(s) and features;
(h) Pedestrian gates;
(i) Fencing height, materials and locations;
(j) Driveway treatments; and
(k) Detailed common recreational area amenity and improvement plans, including decorative
hardscape features, fountains, patios, benches, tables, community barbecue, planter boxes,
community fireplace, recreation building floor plan, and/or other amenities that will promote
community gathering areas within the apartment complex.
3. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing
that the senior citizens' apartment complex will conform with Council Policy Number 542 "Sound
Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California
Administrative Code, Title 25. .
4. That any existing or proposed ground or roof-mounted mechanical equipment shall be subject to the
requirements of Anaheim Municipaf Code. Said information shall be specifically shown on the plans
submitted for building permits.
5. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of the following:
(a) Conditional Use Permit No. 527 (ko establish a trailer park);
(b) Conditional Use Permit No. 995 (ko permit a motel with waivers of maximum building height and
minimum required building setback);
(c) Conditional Use Permit No. 1037 (to expand an existing mobile home park);
(d) Conditional Use Permit No. 2701 (to retain a mobile home in the RS-A-43,000 Zone); and
(e) Variance No. 2365 (waiver of per~nitted uses to permit a mobile home in conjunction with an
existing single-family residence).
6. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property ownerJdeveloper, within the public right-of-way adjacent to Lincoln
Avenue. The size, type and number of'trees shall be provided to the satisfaction of the Urban
Forestry Division.
7. That the location(s) for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
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treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
8. That the legal property owner shall enter into an unsubordinated recorded Affordable Housing
Agreement with the City of Anaheim, s~tisfactory in form and substance to the Executive Director of
the Community Development Department, pursuant to California Government Code Section 65915 to
provide that a minimum of 49 percent (49%) of the total proposed number of residential units shall be
rented as very low income housing as defined in California Government Code Section 65915 at or
below fifty percent (50%) of the Adjusted Median Income and with appropriate rental controls as
approved by the City of Anaheim for a period of not less than thirty (30) years from the date of
issuance of occupancy permits. In addition, the legal owner shall also include in the agreement a
provision that a minimum twenty five percent (25%) of the total number of proposed units shall be
rented as lower income housing (as deScribed in Anaheim Municipal Code Section 18.94.040) with
appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30)
years from the date of issuance of occupancy permits. A copy of the recorded covenant shall then be
submitted to the Zoning Division.
9. That not more than finro (2) persons, at least one (1) of whom must be a senior citizen aged sixty two
(62) or older shall reside in, or be permitted to reside in, any bachelor or one (1) bedroom unit; and
that not more than three (3) persons, at least one (1) of whom must be a senior citizen, shafl reside
in, or be permitted to reside in, any two (2) bedroom unit; and that all occupants and residents of any
dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who
resides with and provides primary physical or economic support to, the resident senior citizen, shall
be at least forty five (45) years of age except that temporary residency by a person less than forty five
(45) years of age for a cumulative period of sixty (60) days in any calendar year shall be permitted;
and that an unsubordinated covenant in a form approved by the City Attorney so-limiting such
occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the
property. A copy of said recorded covenant shall then be submitted to the Zoning Division.
10. That four (4) trash storage areas shall be provided and maintained in locations acceptable to the
Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage areas shall be evenly distributed at all four corners of the
building and shall be designed, located and screened so as not to be readily identifiable from Lincoln
Avenue. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3)
foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for
building permits.
11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
12. That any required relocation of City electrical facilities shall be at the expense of the developer.
13. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
across the property (to be determined when electrical design has been completed) for public utility
purposes.
14. That the water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of ~the Water Utility Division of the Public Utilities Department in either underground
vaults or behind a landscaped and bermed setback in a manner which fully screens said equipment
from all public streets. Said information shall be specifically shown on plans submitted for building
permits.
15. That water improvement plans shall be submitted to the Water Engineering Division of the Public
Utilities Department for review and approval in determining the conditions necessary for providing
water service to the project.
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16. That the property owneNdeveloper shall submit evidence showing that the project site is one (1) legal
parcel of record in conformance with the Subdivision Map Act. A copy of the current deed(s) and
deed(s) dated prior to March 4, 1972 shall be submitted to the Public Works Department,
Development Services Division. The developer may need to conduct a"Chain of Title." If the
property consists of one (1) legal parcel, the developer shall submit a Certificate of Compliance for
review and approval by the City Engineer. If the property consists of two (2) or more legal parcels,
the developer shall submit an application for a Lot Line Adjustment for review and approval by the
City Engineer. The Certificate of Compliance or Lot Line Adjustment shall be recorded prior to
issuance of a building permit.
17. That gates shall not be installed across' any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
18. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 402, 436, 601 and
604 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans. The submitted plans shall provide for
adequate parking layout and circulation.
19. That the driveways on Lincoln Avenue shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
20. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610, and shall be s'hown on plans as required by the Department of Public
Works, Streets and Sanitation Division. Said area shall be specifically shown on the plans submitted
for building permits.
21. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1 through 3, and as conditioned herein.
22. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18,
20 and 25, herein-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
23. That prior to final building and zoning inspections, Condition Nos. 6, 19 and 21, above-mentioned,
shall be complied with.
24. That approval of this application constitiutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zpning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ~ordinance, regulation or requirement.
25. That, as discussed in the Staff Report to the Planning Commission dated February 28, 2000 and as
stipulated to by the applicant, the following shall be shown on the plans submitted for building
permits:
(a) Laundry facilities shall be provided on all three (3) floors of this seniors' apartment complex;
and
(b) The proposed parking spaces in excess of Code requirements shall be replaced with a
community garden.
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BE IT FURTHER RESOLVED that the Anaheim City Ptanning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 28, 2000.
,~iLc-aJ _
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
C~'1~fJIC.U~ ~
SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 28, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I h~ave hereunto set my hand this _~~ day of
, 2000.
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SECRE ARY, AHEIM CITY PLANNING COMMISSION
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